United States v. Michael Duane Hunt

Michael Duane Hunt appeals the application of his Oregon first degree burglary conviction as a basis for sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e)(2)(B)(ii). He also challenges the finality of his conviction, the district court’s failure to give retroactive effect to the Sentencing Guidelines, denial of his motion to suppress and denial of his motion for acquittal. Because Hunt’s burglary conviction was an improper sentence enhancement, we REMAND for re-sentencing but AFFIRM on all other issues.

FACTS

Hunt escaped from the Oregon State Penitentiary in August 1987. In October 1987, two Portland police officers learned of his whereabouts through an investigation into an unrelated crime. Several weeks earlier, one of them had been in a high speed chase with Hunt following a routine traffic stop. Hunt had crashed his car and fled on foot.

Outside Hunt’s house, the officers noted that his pickup truck was absent. They left and returned about 4 A.M. The truck was there and they knocked on the door of the house. Two upstairs tenants answered and gave the officers permission to enter and search for Hunt. They found him asleep in the basement…